LAWS(GAU)-2012-2-65

PUTUL SARMA Vs. ASWINI SARMA

Decided On February 24, 2012
PUTUL SARMA Appellant
V/S
ASWINI SARMA Respondents

JUDGEMENT

(1.) THE respondent Nos. 1, 2, 3 and 5 and the predecessor-in-interest of the present respondent Nos. 4(a) to 4(d) instituted Title Suit No. 32/1997 in the court of the learned Munsiff, Nalbari against the predecessor-in-interest of the present appellants namely Siba Nath Sarma, apart from 14 others as defendants, for declaration of right, title and interest in respect of schedule ka land measuring 3 kathas 13 lechas covered by Dag No. 677 of KP patta No. 1 of village Shimalaya under Pokowa mauza within Belsor police station as well as for restraining the defendants from interfering with the peaceful possession over kha schedule land. THE plaintiffs also prayed for a decree for recovery of khas possession if it is found that they are dispossessed during the pendency of the suit, apart from passing a decree for permanent injunction and issuance of precepts to the revenue authority for correction of the revenue records.

(2.) THE plaintiffs in the plaint pleaded that after the death of Purnananda Sarma, his sons namely Chakrapani @ Chakrabarti and Banamali inherited the entire land measuring 3 kathas 4 lechas and 3 kathas 13 lechas in different dags in KP patta No. 41/498, and thereafter, share of Baliram, son of Chakrapani @ Chakrabarti and Parbananda, son of Banamali were ascertained, thereby land measuring 3 Kathas 4 Lechas was allotted to Baliram and the other land measuring 3 Kathas 13 Lechas was allotted to Parbananda. THE said land measuring 3 kathas 13 lechas was subsequently surveyed and dag No. 677 of KP patta No. 1 was allotted which is part of the land covered by old pata No. 41/498 and the land fell in the share of Baliram i.e. 3 kathas 4 lechas was covered by Dag No. 376. It is also the case of the plaintiffs that after the death of Parbananda, son of Banamali, the land measuring 3 kathas 13 lechas was inherited by his wife Chitrapriya and son Devdut and thereafter by his wife Rebati, who died issueless, along with Chitrapriya. It is also the case of the plaintiffs that Devdut executed a Will in respect of his share of land in favour of mother Chitrapriya, which was probated and accordingly Chitrpriya became the owner of the entire land of 3 kathas 13 lechas, who sold the same to Srikanta Sarma, the grandfather of the plaintiffs, by a registered sale deed on 26.12.1926 (Ext. 1). According to the plaintiff, they had to institute the suit for right, title and interest as well as for recovery of khas possession, if found to be dispossessed, against the defendants as they are trying to disposes them on the ground that the name of Baliram, the father of the original defendant No. 1, also appears in the revenue records.

(3.) THE learned trial court upon appreciation of the evidences on record and after hearing the learned counsel for the parties vide judgment and decree dated 24.3.1999 dismissed the suit of the plaintiffs by holding that since Chitrapriya, who executed the sale deed dated 26.12.1926 Ext. 1 in favour of Sri Kanta Sarma, had no right over the entire land measuring 3 kathas 13 lechas, she cannot transfer the said land vide Ext. 1. It was also found that the said transfer vide Ext. 1, therefore, is fraudulent.